A doctor, chiropractor or other medical practitioner who prescribes treatment owes a duty to inform the patient of the options for treatment and the expected benefits and relative risks of those options, in accordance with the standard of disclosure.

The question of whether the standard of disclosure requires disclosure of a particular risk of treatment must be decided with regard to the circumstances of each case.  However, the following principles are often applied:

• The standard of disclosure requires an explanation of the nature and gravity of treatment.
   
• In deciding whether the standard of disclosure requires disclosure of a particular risk of treatment, the crucial consideration is whether a reasonable person in the position of the patient would want to know of the risk.
   
• The standard of disclosure requires disclosure of all material, special and unusual risks of treatment.
   
• Material risks are significant risks that pose a real threat to the patient’s life, health or comfort.
   
• In considering whether a risk is material or immaterial, the severity of the risk and the likelihood of it occurring must be balanced.
   
• Even if there is only a small risk of serious injury or death, the risk may be considered material.
   
• The standard of disclosure does not require disclosure of a mere possibility of an adverse consequence of treatment unless it is a possibility of a serious adverse consequence (for example, paralysis or death).
   
• The standard of disclosure does not require disclosure of risks inherent in any surgery (for example, the risk of infection).
   
• Evidence as to whether or not normal, prudent medical practitioners of the defendant’s special group disclose a particular risk of treatment may be a factor in deciding the question of whether the standard of disclosure required the defendant to disclose that risk, but is not necessarily a conclusive factor.
   
• In some cases, the patient's emotional condition or reluctance to have surgery may justify withholding or generalizing information that otherwise would have to be specifically provided.

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